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Toll-Free: 800.310.5520
Phone: 718.701.2776
The Law Offices of Frank J. Dito, Jr.

Q:
I was hurt at work and cant go back to my job because of my injury. How much money will I receive while I am not working?

A:

Cash benefits are not paid for the first seven days of your inability to return to work, unless your inability extends beyond fourteen days. If you are unable to return to work for more than fourteen days after you were first hurt, you will receive cash from the first work day off of the job. Your medical care will be paid for no matter how short or how long the time of your inability to work.

The cash amount that you will receive is based on your average weekly wage for the previous year. The workers’ compensation board uses the following formula to calculate benefits:

                             2/3 x average weekly wage x % of disability = weekly benefit

If you were earning $400 per week and you are totally (100%) disabled, you would receive $266.67 per week. If you were partially (50%) disabled, you would receive $133.34 per week. However, your weekly cash benefit cannot exceed the following maximums amounts, which are based on the date of accident:

Schedule of Benefits
Date of Accident                                   Weekly Maximum
                                                          Total / Partial
July 1, 1985 - June 30, 1990                  $300 / $150
July 1, 1990 - June 30, 1991                  $340 / $280
July 1, 1991 - June 30, 1992                  $350 / $350
July 1, 1992 - June 30, 2007                  $400 / $400
July 1, 2007 - June 30, 2008                  $500 / $500
July 1, 2008 - June 30, 2009                  $550 / $550
July 1, 2009 - June 30, 2010                  $600 / $600

Frank J. Dito, Jr.
Car accident, personal injury and workers’ compensation attorney serving Staten Island and Brooklyn New York.